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HTMLSupreme Court Eliminates Notice-and-Comments for Some Agency Interpretations
Hera S. Arsen, John Gerak, Kelly L. Hamilton; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 24, 2015, previously published on March 9, 2015
On March 9, 2015, the Supreme Court of the United States ruled that the Paralyzed Veterans doctrine, which requires an agency to use the notice-and-comment procedures of the Administrative Procedure Act (APA) when issuing a new interpretation of a regulation that deviates significantly from a...

 

HTMLRecent Illinois Federal Court Rulings Cloud Fifield’s Bright-Line Test
Kwabena A. Appenteng, Tobias E. Schlueter; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 24, 2015, previously published on March 4, 2015
Two recent rulings in the Northern District of Illinois, Eastern Division and the Central District of Illinois, Peoria Division, have further blurred the “bright line” two-year consideration rule established by the Illinois First District Court of Appeals in Fifield v. Premier Dealer...

 

HTMLFifth Circuit Declines to Clarify When an Employment Action is “Adverse” Enough to Support a Discrimination Claim
Robert E. Bettac; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 24, 2015, previously published on March 11, 2015
When presented with an employment discrimination claim, one of the early questions any agency or court must answer is whether the claimant has suffered an “adverse employment action.” Simply stated, even if a discriminatory motive can be shown, is the harm suffered by the claimant...

 

HTMLRevisiting Rochow: The Sixth Circuit Rejects Earlier $3.8 Million Equitable Award in Recent En Banc Decision
Violet H. Borowski, Mark E. Schmidtke; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 24, 2015, previously published on March 10, 2015
Just over a year ago, a panel decision by the Sixth Circuit Court of Appeals in Rochow v. Life Insurance Company of North America, 737 F.3d 415 made big news when the court upheld the district court’s award of $3.8 million in equitable relief on a theory of unjust enrichment and held that an...

 

HTMLTurning Metrics Into Money: An Interview With Solange Charas, Ph.D.
Jathan Janove; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 24, 2015, previously published on March 17, 2015
Solange Charas, Ph.D. is chief executive officer (CEO) of Charas Consulting, Inc. In her career, she has served as a chief human resources officer (CHRO) and corporate board director, her research has been published in Harvard Business Review and The Corporate Board magazine, and she has appeared...

 

HTMLThe D.C. Wage Theft Law’s Next Steps: DOES Issues Notice and Template
Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
March 24, 2015, previously published on March 3, 2015
The District of Columbia’s Wage Theft Prevention Amendment Act of 2014 (2014 WTPAA) went into effect on February 26, 2015, after completing congressional review. In an effort to promote compliance with the 2014 WTPAA, the D.C. Department of Employment Services (DOES) released some guidance...

 

HTMLFurther Delay to the EU Data Protection Regulation
Simon J. McMenemy; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
March 24, 2015, previously published on March 4, 2015
It is a day to celebrate and raise awareness of the importance of protecting personal data, a fundamental right for everyone in the EU.

 

HTMLState Department to Resume J-1 Visa Program Sponsor Site Visits
Maria Fernanda Gandarez, Matthew Kolodziej; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 24, 2015, previously published on March 10, 2015
The U.S. Department of State (DOS) has informed the sponsors of J-1 intern and trainee programs that it will perform site visits to many J-1 Intern and Trainee host organizations in 2015. Some employers have reported that such visits have occurred as early as February. Program participants and host...

 

HTMLEEOC FY 2014 Statistics Are Here: What Do They Mean for Employers?
Evan J. Shenkman, Evan J. Shenkman; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 24, 2015, previously published on February 8, 2015
The U.S. Equal Employment Opportunity Commission (EEOC) just released its fiscal year (FY) 2014 enforcement and litigation statistical report for the private sector. Presented annually, the report always contains some nuggets for employers and employment attorneys, and this year’s is no...

 

HTMLInformation Flow & Employee Engagement: Interview With Amy Haran of USANA
Jathan Janove; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 24, 2015, previously published on March 4, 2015
Amy Haran is Executive Director of Communications of USANA Health Sciences. Recently profiled in Utah Business magazine’s “Forty under 40,” she oversees communications for USANA’s 300,000 independent distributors and 1,300 employees around the world.

 


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